2005 (7) TMI 37 - HC - Income Tax

Trust - exemption under section 11 - we find that the objects of the respondent are charitable within the meaning of section 2(15) and the Income-tax Appellate Tribunal was right in holding that the respondent is entitled to exemption under section 11 of the Income-tax Act.

Issues Involved:
1. Whether the Income-tax Appellate Tribunal was right in holding that the assessee is entitled to exemption under section 11 of the Income-tax Act, 1961.

Issue-wise Detailed Analysis:

1. Entitlement to Exemption under Section 11:

The primary issue revolves around whether the assessee, a trust registered under the Bombay Public Trusts Act, is entitled to exemption under section 11 of the Income-tax Act, 1961. The trust, initially known as Rajneesh Foundation and later renamed Neo Sannyas Foundation, had its claim for exemption rejected for the assessment years 1975-76 and 1976-77. The rejection was based on the grounds that the trust's activities were not for educational or religious purposes but aimed at profit through the publication of books, and that the trust's objectives were dominated by Acharya Rajneesh, whose teachings were deemed controversial and harmful to public interest.

For the assessment year 1991-92, the trust claimed exemption again, but the Assessing Officer rejected it, citing the unchanged nature of the trust's objectives despite amendments to the trust deed in 1989. The Commissioner of Income-tax (Appeals) overturned this decision, acknowledging the changes in circumstances and the trust deed, and granted the exemption. The Revenue's appeal to the Income-tax Appellate Tribunal was dismissed, leading to the present appeal.

Arguments by Revenue:

The Revenue argued that the trust's predominant object remained the propagation of Acharya Rajneesh's philosophy, which was not for the public benefit. They contended that the trust's activities were profit-driven, as services were rendered for a price, and cited the Supreme Court's decision in Addl. CIT v. Surat Art Silk Cloth Manufacturers Association [1980] 121 ITR 1, which stated that unless the object is wholly charitable, the trust could not be entitled to exemption under section 11.

Arguments by Respondent:

The respondent argued that significant changes had occurred post-1989, including amendments to the trust deed that shifted the primary object to spreading the teachings of various philosophers, including Acharya Rajneesh, for the betterment of human beings. They emphasized that the publication of books was no longer undertaken by the trust but by another entity that paid income-tax. They relied on Surat Art Silk Cloth Manufacturers Association [1980] 121 ITR 1 (SC) and CIT v. Ahmedabad Rana Caste Association [1973] 88 ITR 354 (Guj) to argue that the predominant object of the trust was charitable, and income generation did not negate this.

Court's Analysis:

The court examined the amendments to the trust deed, noting that the name of Acharya Rajneesh was removed from the primary objectives, and his powers over the trust were significantly reduced. The court acknowledged that Acharya Rajneesh's death in 1990 further diminished his influence over the trust. The court also noted that the perception of Acharya Rajneesh's teachings had changed over time, becoming more accepted and recognized for their contributions to spiritual and mental well-being.

The court referred to the definition of "charitable purpose" under section 2(15) of the Income-tax Act, which includes the advancement of any other object of general public utility. They cited precedents, including Ahmedabad Rana Caste Association and Surat Art Silk Cloth Manufacturers Association, to emphasize that the trust's activities, even if generating income, could still be considered charitable if the predominant purpose was for public benefit.

The court found that the trust's activities, such as conducting meditation camps and seminars, were for the benefit of the public and not for profit. The income generated was used for the trust's charitable activities, and no part of it was distributed among trustees or beneficiaries. The court also noted that the trust had been granted registration under section 12A and exemption under section 80G, indicating the government's recognition of its charitable nature.

Conclusion:

The court concluded that the objects of the respondent trust were charitable within the meaning of section 2(15) of the Income-tax Act. The Income-tax Appellate Tribunal was right in holding that the respondent is entitled to exemption under section 11 of the Income-tax Act. The appeal was dismissed, affirming the trust's entitlement to the exemption.

← Previous Next →